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(영문) 수원지방법원 성남지원 2014.03.27 2014고단94
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On November 28, 2013, the Defendant driving a D having vehicle in the workplace of the C Co., Ltd. located in Seongbuk-gu, Sungnam-si, Sungnam-si, in order to transport and load and unload waste sources, and proceeded at a speed of about 20km/h.

Since the place is the one of the people's workplace, the defendant, who is engaged in driving, has the duty of care to check whether or not there is a person who has passed the front side and right side, and to prevent the accident in advance by driving it.

Nevertheless, the Defendant neglected this and did not look at the front bank well, and did not discover the victim E (the age of 62) who was walking on the front bank of the driver's license of the Defendant, and did not discover the victim E (the age of 62). The Defendant shocked the victim with a garbage tank being transported on the upper bank, and got the victim over the floor.

Ultimately, the Defendant caused the victim to die due to multiple long-term damage at the same accident site on the same day by negligence in the above business.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Reporting of a traffic accident (1) (2);

1. Application of Acts and subordinate statutes to the scene of an accident, a photograph of the corpse, and a written autopsy;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The case is significant in that the victim died due to the defendant's crime of this case for the reason of sentencing Article 62-2 of the Social Service Order Criminal Act.

However, on the other hand, the bereaved family members do not want the punishment of the defendant under the mutual agreement with the bereaved family members of the victim, the defendant's primary crime, confession and rebuttal are considered as favorable circumstances, and other circumstances leading to this case, the age of the defendant, and the age of the defendant.

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